R. Mala, J.

1. The 2nd appellant, who lost the Appeal before the First Appellate Court, has come forward with the present Second Appeal.

2. The 1st respondent namely, S. Muthukumar, has filed a suit in O.S. No. 686 of 2003 before the Additional Sub Court, Dindigul, for partition and separate possession of half share in the suit property. He has stated that the suit property was originally belonging to his family and by way of a registered partition deed dated 23.08.1978, Schedule-J property was allotted to him and the 1st defendant was allotted Schedule-C property and the total extent has been mentioned commonly in both C and F schedule properties. At the time of partition, the plaintiff was 6 years old minor and hence, the cousin of the plaintiff namely, Shankar was maintaining the suit property. In the mean time, when the 1st defendant has attempted to sell the entire property, namely, Schedule-C and J, immediately the plaintiff issued a notice. However, without receiving the said notice, he sold the property to the 2nd defendant. Hence, the plaintiff has filed the